We, as a family, are trying to fight my brother's criminal case that dealt with a drug sale over a decade ago. We hired a lawyer who had filed a motion to vacate criminal sentence due to ineffective counsel. He presented his case, not very well, I might add, and unfortunately, our motion got denied. However, recently we found some new evidence that came to light in which helps support our claims of ineffective or negligent counsel. What would our best options be? Motion to reconsider? A new motion on different grounds? An appeal? Any guidance in this matter will be very much appreciated.
It's far too late to appeal. I'm not sure what kind of "motion to vacate" was filed by prior counsel, but generally ineffective assistance of counsel (IAC) is raised through a habeas corpus petition, with can only be filed when a person is in custody (with includes on probation or parole).
New laws allow a habeas petition on the basis of new evidence of actual innocence, but generally don't encompass IAC.
This issue is really too complicated for Avvo's Q&A format. I'd suggest paying for a few hours of a local lawyer's time for a thorough review of the case and an opinion whether it's worth spending additional time & money.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. Free consultation only applies to potential clients with a criminal case within 100 miles of Chico, California.
What is the newly discovered evidence of ineffective assistance of counsel? To be honest, it feels like you're grasping at straws.
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